Condo patios

[wingnut]

What is the name of your state?California
I live in a retirement community there are approximately 4000, 3 unit Single-story condos. 3/4 of the condo owners have at one time or another enlarged their patios out onto greenbelt areas. All of the current board members recently enlarged their patio areas out to the Greenbelt. Last month they decided to start enforcing the CC&Rs and the condo owner that previously had not enlarged their patio area will no longer be allowed to do so. Regardless of what our CC&Rs say can they now deny condo owners who wish to enlarge their patio area the ability to do so?

 

[adjusterjack]

Regardless of what our CC&Rs say can they now deny condo owners who wish to enlarge their patio area the ability to do so?

Can they deny enlargements? Sure.

Can they enforce the denial once it gets into court? Probably not. In other words, if an owner enlarges his patio in spite of the denial, he will have a pretty good defense in light of 3/4 of the homeowners already having enlarged theirs without consequence.

“The right to enforce a restrictive covenant may be deemed generally waived when there are ‘a sufficient number of waivers so that the purpose of the general plan is undermined,’ in other words, when ‘substantially all of the landowners have acquiesced in a violation so as to indicate an abandonment.’” (Alfaro v. Community Housing Improvement System & Planning Assn. (2009) 171 Cal.App.4th 1356, 1380.)

https://scholar.google.com/scholar_case?case=5156782811505166131&q=alfaro+v+community+housing+improvement+system+&+planning+assn+inc&hl=en&as_sdt=4,5

 

[FarmerJ]

Do your self a favor before anyone catches on , take pictures of EACH and every unit that added on , get them dated when you print them and keep them for your records should you end up with a legal hassle over it you will already have the pictures to show a court.